Understanding the Basics

Although many see a prenuptial agreement as a “fix-all” kind of document, the truth is there are some things it just can’t do. A prenup is designed to address the financial aspects of your relationship. This includes property division, assets, expenditures and debts. What a prenup cannot do however, is outline all the personal, day-to-day decisions that all married couples must make.

What can a prenup do?

Separate your propertyso that yours is yours and theirs is theirs in the event of a divorce .

Document financial agreements such as putting each other through college or purchasing a house with a trust fund or inheritance.

Fund future expenditures such as college for your children or starting up a new business.

Provide future support such as life insurance policies or health insurance for you and your children.

Separate your debtso that you are not responsible for specific debts incurred prior to marriage.

What can’t a prenup do?

Divide up household chores, such as laundry, dishes and grocery shopping.

Dictate relationships with your friends, in-laws or co-workers.

Place restrictions on having children or dictate the number you will have.

Create benefits that would encourage or entice one party or the other to divorce.

In addition to these guidelines, a prenup hasno effect on child support or visitation rights. Some states also don’t allow alimony waivers so check your state’s laws before you begin to draft your agreement.

My question is about a prenup in california. My fiance has 3 children from a previous relationship and usually has custody of them, but currently the mother has custody for a short time (he is planning on getting his children back though) and is seeking help and possible child support. He is in a situation right now where he is unable to make any payments if they ask for any child support. So my question is, once we are married, would they be able to get any of his child support from any of my personal earnings? Would a possible prenup help with this situation?

My Family Law Recommends

About Us

We are here to make it easy for anyone to share experiences or ask questions about family law related issues. We launched in 2006 and quickly became one of the web's most popular family law websites.
Thanks to you for keeping the community active, for answering each other's questions, and for supporting MyFamilyLaw.com as a place for uniquely candid family law discussions.

Twitter

Anita Meh said:
Why people cheat so much? Back in 2017, I met my love on a dating site and immediately, we got tal… https://t.co/DonALL76SS

43 minutes ago

Kat Patrick said:
What state do you live in? I live in Kansas, and filed jointly with my daughter's father one. Fo… https://t.co/7s3FVgL2xo

42 minutes ago

Debbie O. said:
My spouse of 20 years and I are divorcing in Tennessee. We got a home on land contract and paid on… https://t.co/VRmQOB70Cj

54 minutes ago

DerekJR321 said:
So you are defending Valhalkarie's comments? Because she is the one I was replying to.
https://t.co/A8PjuWngPR